Schwind

The action is for damages brought by respondent for the death of his minor son.

The complaint alleges that “on July 31, 1901, the said Joseph Schwind, minor son of the plaintiff herein, was in the employ of the defendant corporation in the electrical department thereof. That on said day, and at the times hereinafter mentioned, and for a long time prior thereto, the defendant operated and maintained a railroad track that was situated and placed parallel to, and a short distance from, the factory building owned and operated bydt at Floriston. That upon said track, as aforesaid, the defendant, at all of said times hereinbefore mentioned, operated cars propelled by steam for the purpose of transmitting and carrying freight to and from said factory. Tha,t near the center of said factory and fronting, adjacent to said railroad tracks, as aforesaid, a door was placed and maintained by the defendant, through and by which employees and those having occasion to go to said factory gained admission thereto and exit therefrom. That a pathway existed leading from said entrance across the track at right angles to the public highways of said town of Floriston, which said pathway during all of…